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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8047
Experience:  Barrister at law
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I was sent another families case notes by the local

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Hi , I was sent another families case notes by the local authority. I complained and informed the ICO and the family involved. The local authority came to my home and removed the file I had printed for disposal. However they have now denied to the family that the file involved anything sensitive and are trying to cover their backs as I am fighting for a Special Guardianship order for my grandchild. I informed the judge involved in my case and have not been able to get everything ready in my statement in time as I have had to make my statement without the proper files since the local authority have not sent me the new version of court notes. I have also discovered they have sent me assessments that the judge ordered not to be sent to me and I dont know what is best to do. I feel if I report it they will do the same again and use their cover up as a way to make me look dishonest. They want my grandchild to be adopted at any cost. Should I give the family the case notes that automatically saved when I downloaded the file and tell the assessments owner and judge but instead send the assessment to the owners legal team? I may be able to retrieve the wrongly sent case notes and give the family a copy but would I be liable for passing these to their owners? Should I ask the judge to stay the proceedings?

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Customer: replied 15 days ago.

Hello, my name is***** for your patience.

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It seems to me that there are two seperate issue here.

1. You have information about another family that should not have been passed to you. My advice here is to destroy your copies of this information. You have no right to it. You have reported the data breach and you really have done all you need to do here. There was obviously personal information in the files you were sent, it's nonsense of the Local Authority to say otherwise.

2. You need more time to prepare your statement in the ongoing proceedings given that the LA have not disclosed the correct information to you. This is a reasonable request, in the circumstances. I suggest that you file a C2 application to ask for an extension of time to file your statement, you have a perfectly good reason to ask for this, and the judge will grant you this extension. If there are files missing that you should have that you don't, then also ask for a direction that the LA disclose everything they should have done to you within 48 hours of the judge making the order.

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

plclegal, Barrister
Category: Family Law
Satisfied Customers: 8047
Experience: Barrister at law
plclegal and 3 other Family Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter